Have few queries regarding sponsoring card for a parent of a US citizen

Hello! My name is***** and I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer.

What U.S. Immigration Law questions do you have for me?

Yes, you can and she can and is supposed to stay while it is pending even after her "legal" stay expires. You will have to file the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, proof of your U.S. Citizenship, proof of your mother's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 5 to 7 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after that, the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

What else may I answer for you?

Well, as far as birth records, that is complicated. They are important. Take a look at these links:

Chapter 4 - Documentation | USCIS

Secondary Evidence Regarding Birth Certificate for U.S. Immigration Purposes (immihelp.com)

What else would you like to know?

Review the links that I provided. That can be some of the evidence submitted.

What other U.S. Immigration Law questions do you have for me?

She doesn't have to go back and she should NOT go back. If she goes back while the I-485 is pending and without an I-131 Advance Approval first, she abandons the I-485 and would be stuck outside of the U.S. I would not bother extending the B-2 anymore. It would be a waste of time and money if she will just seek a green card now.

What else may I answer for you?

If she goes back before the I-131 Advance Parole is approved, yes and then she would be stuck outside probably for a year or so to do Consular Processing since she isn't normally allowed to "visit" on a B visa anymore.

What else would you like to know?

She can go once she gets the Advance Parole approved. But I am sure that she can hire an attorney or someone to get those documents in India if needed.

What other U.S. Immigration Law questions do you have for me?

You are very welcome. If you need additional help on this case, just reply here and I will help if I can. For any different cases in the future, remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

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Hello.

I don't mind answering 2 or 3 questions about the same case. What else may I answer for you?

Then don't use the online form. Use the paper I-130 form and submit through the mail. And provide secondary evidence of birth:

Secondary Evidence Regarding Birth Certificate for U.S. Immigration Purposes (immihelp.com)

Chapter 4 - Documentation | USCIS

I'm not sure. I never file the I-130 online. I don't like it. I like to send through the U.S. Mail, Certified Return Receipt so that someone at USCIS has to sign it and it gets sent back to me, the signature, not the I-130.

And if an old expired passport is not on the list, then that probably won't work. Sorry.

Yes.

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I've already answered more than 3 follow-ups. I'll do one more as a courtesy, but if you need more help that that, please post a new session and write FOR GUILLERMO.

2/27 because nothing else has been authorized yet.

It doesn't matter if she is out of status or not. That category is one of the few that "fixes" being out of status.

My pleasure.